Case Digest (G.R. No. 228296)
Facts:
- Michael John M. Gonzales, a seaman, was employed by Grieg Philippines, Inc. under a nine-month contract starting April 20, 2013.
- This was Gonzales' third contract with Grieg.
- He was deployed to the general cargo vessel Star Florida after passing a Pre-Employment Medical Examination.
- In August 2013, Gonzales experienced symptoms such as shortness of breath, pain in his left leg, fatigue, fever, and headaches.
- He was advised to take paracetamol and rest.
- A week later, he sought medical attention in South Korea, where his tests showed normal results, and he was sent back to work.
- In September 2013, his symptoms returned, now including black tarry stools.
- He was confined in a hospital in Indonesia and diagnosed with "pancytopenia suspect aplastic anemia."
- Gonzales was declared unfit for sea duty and repatriated on October 8, 2013.
- Upon his return, he was diagnosed with acute promyelocytic leukemia by company physicians, who opined that his illness was not work-related.
- Despite this, Grieg continued to pay for his treatment for humanitarian reasons.
- Gonzales sought a second opinion from an independent physician, Dr. Emmanuel Trinidad, who certified that his leukemia was work-related.
- After his disability claims were refused, Gonzales filed a complaint before the Labor Arbiter on July 15, 2014.
- The Labor Arbiter ruled in favor of Gonzales, awarding him permanent total disability compensation, sickness allowance, and attorney's fees.
- Grieg's appeal to the National Labor Relations Commission (NLRC) was denied, as was their motion for reconsideration.
- The Court of Appeals upheld the NLRC's decision, leading Grieg to file a Petition for Review on Certiorari before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition for review.
- The decision of the National Labor Relations Commission and the Court of Appeals was upheld.
- The Court affirmed...(Unlock)
Ratio:
- The Supreme Court held that a seaman only needs to show a reasonable linkage between his work and the contracted illness for a disability claim to prosper.
- The 2000 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) defines work-related illness as any sickness resulting in disability or death as a result of an occupational disease listed under Section 32-A of the contract.
- Acute myeloid leukemia, secondary to prolonged benzene exposure, is listed as an occupational disease.
- Gonzales provided evidence that his duties as an Ordinary Seaman involved exposure to harmful chemicals, including benzene, which could have contributed to his leukemia.
- The Court note...continue reading
Case Digest (G.R. No. 228296)
Facts:
In the case of Grieg Philippines, Inc. v. Gonzales, Michael John M. Gonzales, a seaman, was employed by Grieg Philippines, Inc., a shipping agent, under a nine-month contract starting April 20, 2013. This was his third contract with Grieg. Gonzales was deployed to the general cargo vessel Star Florida after passing a Pre-Employment Medical Examination, which certified him fit for sea duty. In August 2013, while aboard Star Florida, Gonzales experienced symptoms such as shortness of breath, pain in his left leg, fatigue, fever, and headaches. He was advised to take paracetamol and rest. A week later, he sought medical attention in South Korea, where his tests showed normal results, and he was sent back to work. In September 2013, his symptoms returned, now including black tarry stools. He was confined in a hospital in Indonesia and diagnosed with "pancytopenia suspect aplastic anemia." Gonzales was declared unfit for sea duty and repatriated on October 8, 2013. Upon his return, he was diagnosed with acute promyelocytic leukemia by company physicians, who opined that his illness was not work-related. Despite this, Grieg continued to pay for his treatment for humanitarian reasons. Gonzales sought a second opinion from an independent physician, Dr. Emmanuel Trinidad, who certified that his leukemia was work-related. After his disability claims were refused, Gonzales filed a complaint before the Labor Arbiter on July 15, 2014. The Labor Arbiter ruled in favor of Gonzales, awarding him permanent total disability compensation, sickness allowance, and attorney's fees. Grieg's appeal to the National Labor Relations Commission...